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This articles is focusing on the matter of that the legal system should be established for eliminating employment discrimination based on age. The current Korean employment law is not effective in tackling age discrimination. Facing with aging society, we need new employment policy regulating in employment for the job security for the aged( the middle/ old age). In according to some factual report, the job security policy for the aged( the middle/ old age) employee in company is more effective than the re-employment policy for them. Therefore it seems to be to deliberate the policy prohibiting age discrimination in employment for the job security for the aged( the middle/ old age). This report suggests equal access to hiring and promotion, equal pay principal, the protection of older workers in economic dismissals and the regulation of mandatory retirement connected with public pension. Finally, this report examines remedy process, burden of proof and enforcement procedures.

I tried to analyze schemes of the parties, employee and employer or its association each other, to a collective bargaining in this article. I especially focused on the side of employees' association. The Section 33 of the Korea Constitution secures that the employees have right to organize, to a collective bargaining, and to concerted activities for promoting their labor conditions. At the same time, the Constitution provides also a clause of a freedom of association in the Section 21. The Section 30 of the Trade Union and Labor Relations Adjustment Act(TULRAA) requires that a trade union and an employer or employees' association shall bargain, in good faith and sincerity, with each other and make a collective agreement. The Section 29 of the TULRAA provides that the representative of a union has right to bargain and to make collective agreements for the union and its members. An union and an employer or its association are respectively able to entrust their authority to bargain or to make a collective agreement to a third party. The Section 81 of the TULRAA prohibits, furthermore, some kinds of conduct by an employer as unfair labor practices and punishes those practices with a criminal penality. But it must be noted that there is no provision of a employee's unfair labor practice in the TULRAA. All of these provisions are very similar to provisions of the Constitution and the Labor Union Act in Japan. Under these statutory circumstances, I chose a case of Tokyo District Labor Relations Commission v. Asahi Diamond Co. (1985) in Japan. Many important problems of Labor Law were involved in the case, i.e. a collective bargaining or the parties to the bargaining under plural unions within a company, a collective agreement clause that a employer should only bargain with one union, a clause that prohibits entrusting authority concerning his collective bargaining or concluding a collective agreement to a third party, and an employer's unfair labor practice etc. An employer, in this case, refused to bargain with a group of representatives selected from two unions within a company. The employer refused to bargain on the grounds that the group did not satisfy general requirements to be a party to bargain. That is to say, the group did not have an united opinion and the authority to control members of two unions however. The Supreme Court of Japan, finally, upheld Tokyo District Court and the Tokyo Court of Appeals finding that an employer's refusal to bargain did not violate the Section 7 of employer's unfair labor practices of the Trade Union Act(TUA) in Japan. According to my opinion, the union should have the initiative to petition a collective bargaining with employer or its association under statutory circumstances in Korea and in Japan. In determining whether an employer violates the Section 7 of the TUA in Japan or the Section 81 of the TULRAA in Korea, it is needed to take into account of an unfair labor practice system that prohibits only some kinds of conduct by employer(especially with a criminal penality in Korea). Employees have full rights, though these rights will be conducted through their union, to choose any kinds of representative by their own choosing for a collective bargaining, and to petition the bargaining with their employer, but the employer or its association has no leverage to refuse the petition by the union. It should be respected so much, in analyzing this case, that the right to a collective bargaining does not include entering into a collective agreement also. It will be within a full freedom of employer to conclude the agreement or not. With respect to this idea, I tried to analyze the Court's opinions in Asahi Diamond. I concluded that the employer violated the Section 7 of the TUA in Japan because of his refusal to a collective bargaining. In addition, there are generally some questions of violation with the Section 7 of the TUA in Japan or the Section 81 of the TULRAA when the employer offers any particular conditions before or on the table of the collective bargaining with union or his representative. For example, the employer's practices, that he adheres to bargain with only company union or he tries to include a clause of increasing productivity of labor in the collective agreement, are problematic in this sense.

This paper is on explanatory note about a judicial decision of the court. The court judged not as the pay compensation of work but as the wage by reason of status of full-time union official. On the assumption that the legal position of the full-time union official is similar to under suspension from work conditions, the money which is paid by employer does not pay. It is no problem that the money which is paid by employer does not pay, as long as the legal position of the full-time union official is similar to under suspension from work conditions. The collective agreement which is contracted between labor union and employer do not refer to whether pay or not to the full-time union official during strike period but refer to wages level. There is no ground that in case the principle of no work no payment apply to the union member this collective agrement prescribe that as a effect of applying the principle of no work no payment wage is not paid during strike period. The court decided that in strike period to pay the wages to the full-time union official is not reasonable. but the court do not explain sufficiently the reason that the rightfulness does not recognized. The affairs of the full-time union official include not only daily affairs of union but also to bargaining collectively and to planning the strike when fail in collective bargain. consequently, we can consider that during strike period the union member who participate in strike is not working but full-time union official does his affairs. l would not agree with the view that in during strike period when we deliberate relation of union members, to pay the wages to full-time union official ignore the principle of equity.

(1) Workmen's Accident Compensation Insurance pay which is given by Workmen's Accident Compensation Insurance Law is a kind of social insurance pay. It is given money and other articles to compensate when workmen have injuries, sickness, a physical handicap and death due to occupational cases. However, In these days the range of accident compensation is expanding according to the demand of the labor world and the demand for social security are increasing. Because the tendency is toward emphasizing the nature of social security too much, we wonder about the nature of Workmen's Accident Compensation Insurance liability. (2) Workmen's Accident Compensation Insurance have relieved by developing from the result liability doctrine to fault liability doctrine, dangerous liability doctrine, enterprise liability doctrine and liability without fault doctrine such as early common civil affairs compensation liability. Nevertheless, we can't free from fault liability. In these reason, although we claim liability without fault doctrine, we mediate and pay for damage when we may have to compensate for accident. Today, although it is at an stage develope from accident compensation liability to workmen's accident compensation liability, this principle is still applied. After all, if we consider legal character of workmen's accident compensation liability, They have a limit even though we emphasize a character of social insurance. Therefore, Though we recognize workmen's accident compensation liability, employer's responsibility is increasing and we have questioned about employer's a plea right if it too much expand endlessly. If it is competed with fault liability, we need to mediate to clear a limit of compensation liability.

Today's economy is defined by knowledge. Knowledge is growing and changing so rapidly, that our society has to become one of life-long education. The Korean national government has understood that the development of human resources is the most important factor in order to cope with the intense international competition. Our government tries to implement measures to awaken the potentials in the development of the talents of each person. We can classify human resources into four categories: international talent, national talent, regional talent and general talent. In developing human resources, the Korean government has decided to focus on the regional level. But, until now, those regional human resources have not been clearly defined. And, their cultivation poses many problems. Firstly, most of the local governments lack a strategy to cultivate best human resources in specific fields and they fail to cooperate with local universities and colleges. Our local governments tend to disregard the importance of human resource development and do not maintain specific departments of social education. They have to cooperate with established educational organizations to supply workers in demand to the local economy and give financial support to educate such human resources. That is the main strategy to reduce unemployment rates. Secondly, each local government confines its efforts for the improvement of local human resources to people from its own region. But, local companies must compete with international enterprises and they have to have internationally competitive resources in order to survive in a global economy. In a highly centralized society such as ours, there remain few outstanding talents in local universities. So, the local governments must not confine their efforts to human resources within their boundaries. If local universities can educate international human resources, then those talents can help to improve the local economy. Thirdly, there is no cooperation system between local governments, like in the case of Busan, Kyungnam, Ulsan and Jeju. These regions are in dire need of human resources. Those governments must establish educational strategies to supply workers to the companies in local provinces. Local governments have to divide their roles in cultivating international human resources in specific fields. In conclusion, central and local government must recognize the importance of the cultivation of specific human resources and cooperate in that endeavour.

A new law(non-regular worker protection law), taking effect on July 1st, is expected to bring a seismic change in the way Korean workers are employed. The law has actually turned against non-regular workers despite its intention to protect their rights and eliminate discrimination against them. Moreover, non-regular workers law is very complicated and difficult to solve its problem as just the law, and it would be like occupation strike of contingent workers in E-Land for 2 months. Therefore, non-regular workers need to enhance their ability, and it is important phenomenon on our society problem to extend regular workers from non-regular workers through improving employment service. Over 2 months of enforcing the non-regular law, it would bring out dangerous of the law and reduce burden that are summarize below. First, if a job does not have comparing object, principle of discrimination does not apply to it. Thus, to handle non-regular workers, a related job must not occur in any other job field. At last, non-regular workers and regular workers who can compare with other job is controlled accurately. For example, it is possible method not to operate any other similar work as a regular workers. Second, discrimination of working will affect to payroll, benefit, and so on of workers. In accordance with this statement, if a company does not have specific distinction of non-regular workers and has argument about discrimination between non-regular workers and regular workers, the company should predict burden of paying the wages and bounds of other workers’ working condition including payroll and benefit compared with the workers who are impartial between contingent workers and regular workers. Third, to authorize rationality of discrimination in work, all evidences must be prepared because irrationality case could apply to principle of discrimination. In case of authentic interpretation continuous service, ability of skill, having certification of its field, and so on could evaluate a labor’s ability and value rationally. Also, the company needs to have objectivity and impartiality when a worker is evaluated. Finally, the company would have a work done by contract instead of hiring non-regular workers. After expiring a contract for labor, its job gives a contract that is the best solution method, but it has some problems that a contractor would not have ability, skill, and certification on its field. Moreover, transferring from non-regular workers to regular workers is a possible method but the government need to encourage companies can control a contract of employment liberally. However, to protect non-regular workers, enterprises must offer the labor union and representative of workers about a variety of information of managing and human resource management as well as the law. The labor union also shares information of seeking employment and increases production for their company that can be efficiency and make up for the non-regular workers law. As a result, the labor union must make the best use of applying to the new law and operating new system that are unique point to solve the new law and system between the union labor and capital.

Korea has experienced very fast ageing society, and aged society will make blunt the growth of labor power, so labor power will decrease within 20-30 years. Fortunately, Korea already began to make preparation against aging society, and attribute importance to the development of policy to improve the environment of labor market. Especially, through the enactment of 'Employment Promotion for the aged Act', Korea set up a scaffolding to enlarge job opportunities and steadily complement the act. Distinguishing characters of each nation's employment market must be reflected when the policies be adopted, but in some cases, invalid systems are made according to the establishment of unrighteous policy disregarding the nation finance and the reality of our society. I think legal age aligned with Pension provision beginning age must be extended in phases and mandatory retirement system should be left in labor and management' self rule. Because mandatory retirement system goes in gear with wage system being fixed upon the agreement of parties. I think this system is reasonable.